Visa 176 : How late may I arrive ?

[Clankaroo]

Hi,

 

I have a very uncommon question. I have been granted a 176 visa, sponsored by nsw, which I validated on time by a holiday, so far so good.

I have been hesitating since this validation to make the move, for a few reasons, the most important being the real estate prices..

The question is, should I decide to make the move, how late may I arrive and still be a legal immigrant ?

I understand the visa duration is 5 years, so, if I arrive at, say, a little bit below 5 years, will I still be allowed to stay when the 5 years mark will have been reached ? Or should I arrive no later than 3 years after the visa became valid in order to be able to ask for a resident return visa ?

 

Obviously, the objective is to be able to stay if I like it, so a resident return visa is mandatory.

 

Many thanks for your help

[Rupert]

It's a very common question. You can come and go as you please until the five years on the visa expires. After that you need a RRV to get back into the country but if you are already here you don't need to do anything, it is a permanent visa. You just need the RRV to go overseas and return.

[Clankaroo]

Thanks for the information.

 

So, if I understand correctly, if I arrive just before 5 years after the visa became valid, I will not be allowed to leave the country for 2 years after that to be allowed to get a RRV ? Not even a holiday ? They won't complain at the time I request the RRV that I stayed in the country after the 176 visa expiration ?

[RivieraKid]

Thanks for the information.

 

So, if I understand correctly, if I arrive just before 5 years after the visa became valid, I will not be allowed to leave the country for 2 years after that to be allowed to get a RRV ? Not even a holiday ? They won't complain at the time I request the RRV that I stayed in the country after the 176 visa expiration ?

 

When a permanent residency visa expires, you do not lose the right to remain in Australia (hence the permanent residency bit). Insofar as your right to remain, right to work, access medical services and so on are concerned, your visa will never expire, so long as you enter the country with your 176 or RRV.

 

What you do lose, however, is the automatic right to enter Australia. So, yes, if you leave the country without a current visa, you will be denied entry just like any other visitor who has no visa, so you will need a RRV.

 

Of course, you could argue that less than 2 years doesn't demonstrate that you are normally resident in Australia, but if it's just for a holiday I don't see why there should be a problem.

 

Just a little nit-pick though, on our 175 visa, it is valid for 5 years from the grant date, not from the date it was validated. I'm sure that's what you meant, but just be aware, you might have less time than you thought.

[Clankaroo]

Many thanks for the answers.